the droid razr maxx hd by motorola. droid recognition. droid powerful. >> fox news alert on breaking developments from the u.s. supreme court. the justices have decided that they will take up their second major affirmative action case in less than a year. brand new hour here of "america live." welcome everybody, i'm megyn kelly. we're already awaiting another big decision on the use of racial preferences in college admissions and in fact, the justices could hand out a ruling on that any day now. but now there is a new case and questions about what this case could ultimately mean for a controversial policy. shannon bream with more. >> reporter: it's interesting because you mentioned we are still awaiting another important case. the fisher case was argued back in october 6 this term and it's all about admissions policies at university of texas, a white student sued because she didn't get a spot and says she was discriminated against and says the policies there are no good, they shouldn't use race to factor in and should be tossed out. we've